VICIn ForceAct
Port Management Act 1995
99Definitions
Start here
Get a plain-English read of 99
Turn the raw legal text into a practical explanation grounded in Port Management Act 1995.
99 Definitions
(1) In this Part—
***former port authority instrument*** means—
(a) in relation to former port authority property of which PMA is the transferor, PMA instrument;
(b) in relation to former port authority property of which PGA is the transferor, PGA instrument;
(c) in relation to former port authority property of which PPA is the transferor, PPA instrument;
***former port authority property*** means property, rights or liabilities of a port authority that, under this Part, have vested in, or become liabilities of, a port corporation, of a subsidiary that is wholly owned by the port authority or of the State;
***PGA instrument*** means an instrument (including a legislative instrument other than this Act and regulations under this Act and the **Port of Geelong Authority Act 1958** and regulations under that Act) subsisting immediately before the appropriate relevant date—
(a) to which PGA was a party; or
(b) that was given to or in favour of PGA; or
(c) that refers to PGA; or
(i) money is, or may become, payable to or by PGA; or
(ii) other property is to be, or may become liable to be, transferred to or by PGA;
***PMA instrument*** means an instrument (including a legislative instrument other than this Act and regulations under this Act and the **Port of Melbourne Authority Act 1958** and regulations under that Act) subsisting immediately before the appropriate relevant date—
(a) to which PMA was a party; or
(b) that was given to or in favour of PMA; or
(c) that refers to PMA; or
(i) money is, or may become, payable to or by PMA; or
(ii) other property is to be, or may become liable to be, transferred to or by PMA;
S. 99(1) def. of *port authority* inserted by No. 63/1997
s. 7(1)(a), amended by No. 11/2024 s. 105(a).
***port authority*** includes, in relation to port property, the former SEC;
S. 99(1) def. of *port authority instrument* inserted by No. 63/1997
s. 7(1)(a).
***port authority instrument*** has the same meaning as in Part 11;
S. 99(1) def. of *port corporation* inserted by No. 23/2003 s. 12.
***port corporation*** means—
(a) Melbourne Port Corporation, within the meaning of this Act, as in force immediately before the commencement of section 5 of the **Port Services (Port of Melbourne Reform) Act 2003**; or
(b) Hastings Port (Holding) Corporation; or
(c) Victorian Channels Authority;
***PPA instrument*** means an instrument (including a legislative instrument other than this Act and regulations under this Act and the **Port of Portland Authority Act 1958** and regulations under that Act) subsisting immediately before the appropriate relevant date—
(a) to which PPA was a party; or
(b) that was given to or in favour of PPA; or
(c) that refers to PPA; or
(i) money is, or may become, payable to or by PPA; or
(ii) other property is to be, or may become liable to be, transferred to or by PPA;
***relevant date***—
(a) in relation to property or rights of PMA that are transferred to MPC under section 100, means the commencement of that section;
(b) in relation to an allocation statement under section 101 or property, rights or liabilities allocated under such an allocation statement, means the date fixed by the Treasurer under subsection (2) for the purposes of that statement;
S. 99(1) def. of *transferee* amended by No. 63/1997
s. 7(1)(b).
***transferee***, in relation to former port authority property or port property, means the port corporation, the subsidiary that is wholly owned by a port authority or the State to which the property has been transferred under this Part;
S. 99(1) def. of *transferor* amended by Nos 63/1997
s. 7(1)(c), 11/2024 s. 105(b).
***transferor***, in relation to former port authority property, means the port authority from which the former port authority property was transferred under this Part and, in relation to port property, means the former SEC.
(2) The Treasurer may, by notice published in the Government Gazette, fix the relevant date for the purposes of an allocation statement under section 101.
(3) Nothing in this Part enables the transfer of any Crown land.
Division 2—Transfer by operation of Act